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Monthly sustainability legislation, regulation and parliamentary update – May 2015

Monthly sustainability legislation, regulation and parliamentary update – May 2015

4th June 2015

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SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Biodiversity Act 10 of 2004

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1. Amendment to the regulations on bio-prospecting, access and benefit sharing. Published in GG 38809 Notice Number 447 dated 19 May 2015.

Spatial Planning and Land Use Management Act 16 of 2013

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2. The commencement date of the Act is 1 July 2015. Published in GG 38828 Notice Number 26 dated 27 May 2015.

National Environmental Management: Protected Areas Act 57 of 2003

3. Declaration of land to be part of West Coast National Park. Published in GG 38822 Notice Number 475 dated 29 May 2015.

4. Declaration of land to be part of Marakele National Park. Published in GG 38822 Notice Number 476 dated 29 May 2015.

5. Declaration of land to be part of Mountain Zebra National Park. Published in GG 38822 Notice Number 477 dated 29 May 2015.

6. Declaration of land to be part of Tankwa National Park. Published in GG 38822 Notice Number 478 dated 29 May 2015.

7. Declaration of land to be part of Richtersveld National Park. Published in GG 38822 Notice Number 479 dated 29 May 2015.

8. Declaration of land to be part of Table Mountain National Park. Published in GG 38822 Notice Number 480 dated 29 May 2015.

9. Declaration of land to be part of Namaqua National Park. Published in GG 38822 Notice Number 481 dated 29 May 2015.

South African Weather Service Act 8 of 2001

10. Regulations regarding the fees for the provision of Aviation Meterological Services. Published in GG 38842 Notice Number 453 dated 29 May 2015.

Broad-Based Black Economic Empowerment Act 46 of 2013

11. Notice of clarification regarding the amendment to the Codes of Good Practice. Published in GG 38764 Notice Number 396 dated 5 May 2015.

12. Revised notice of clarification regarding the amendment to the Codes of Good Practice. Published in GG 38799 Notice Number 444 dated 15 May 2015.

13. Amendment to Statement 300: Amended guidelines for developing and gazetting of sector codes. Published in GG 38766 Notice Number 408 dated 6 May 2015.

14. Amendment to Code Series 400: Statement 400: Add 9 fifth criterion for the empowering supplier. Published in GG 38765 Notice Number 407 dated 6 May 2015.

Standard Act 8 of 2008

15. Standards Matters: new SANS numbers for existing SANS codes. Published in GG 38803 Notice Number 432 dated 22 May 2015.

Statistics South Africa

16. Consumer Price Index Rate: March 2015. Published in GG 38735 Notice Number 379 dated 30 April 2015.

17. Consumer Price Index Rate: April 2015. Published in GG 38822 Notice Number 485 dated 29 May 2015.

SECTION B: SAFETY AND HEALTH (NATIONAL)

National Health Act 61 of 2003

18. Publication of Health Infrastructure Norms and Standards Guidelines. Published in GG 38776 Notice Number 414 dated 8 May 2015.

19. Emergency Medical Services Regulations. Published in GG 38775 Notice Number 413 dated 8 May 2015.

Compensation for Occupational Injuries and Diseases Act 130 of 1993

20. Annual increase in medical tariffs for medical service providers. Published in GG 38767 Notice Number 409 dated 11 May 2015.

Civil Aviation Act 13 of 2009

21. Eighth amendment of the Civil Aviation Regulations, 2015. Published in GG 38830 Notice Number 444 dated 27 May 2015.

Agricultural Product Standards Act 119 of 1990

22. Amendment to the regulations regarding the grading, packing and marking of bread wheat intended for sale in the Republic of South Africa. Published in GG 38758 Notice Number 373 dated 8 May 2015.

23. Amendment to the regulations regarding the grading, packing and marking of soft wheat intended for sale in the Republic of South Africa. Published in GG 38758 Notice Number 374 dated 8 May 2015.

24. Amendment to the regulations regarding the grading, packing and marking of durum wheat intended for sale in the Republic of South Africa. Published in GG 38758 Notice Number 375 dated 8 May 2015.

25. Amendment to the regulations regarding the grading, packing and marking of sunflower seed intended for sale in the Republic of South Africa. Published in GG 38758 Notice Number 380 dated 8 May 2015.

26. Regulations regarding the control of the export of animal products. Published in GG 38804 Notice Number 422 dated 22 May 2015.

27. Regulations regarding the control of the export of processed products. Published in GG 38804 Notice Number 423 dated 22 May 2015.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

National Environmental Management: Air Quality Act 39 of 2004

28. Draft National Greenhouse Gas Emission Reporting Regulations. Members of the public are invited to submit written comments within 60 days of publication of the notice in the gazette. Published in GG 38779 Notice Number 411 dated 11 May 2015.

National Environmental Management: Integrated Coastal Management Act 24 of 2008

29. Draft Appeal Regulations. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 38803 Notice Number 450 dated 22 May 2015.

National Environmental Management: Biodiversity Act 10 of 2004

30. Draft amendments to the Alien and Invasive Species Lists, 2015. Interested persons are requested to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 38833 Notice Number 493 dated 29 May 2015. 

Electricity Regulation Act 4 of 2006

31. Draft amendment of the electricity regulations on new generation capacity, 2011. Interested parties are requested to submit written comments before 22 June 2015. Published in GG 38801 Notice Number 419 dated 19 May 2015.

National Regulator for Compulsory Specification Act 5 of 2008

32. Draft amendment to the compulsory specification for circuit-breakers (VC8036). Interested persons are requested to submit written comments within 2 months after the publication of this notice. Published in GG 38735 Notice Number 359 dated 30 April 2015.

National Energy Regulator Act 40 of 2004

33. Invitation for public comments on Eskom's Selective Reopener of MYPD3 application for Open Gas Cycle Turbines (OCGT), Short Term Power Purchase Programme (STPPP) and impact of increase in Environmental Levy. The closing date for comments is 15 June 2015 at 16h00. Published in GG 38803 Notice Number 449 dated 22 May 2015.

National Road Traffic Act 93 of 1996

34. Publication of the draft National Road Traffic Regulations. Interested persons are invited to submit written comments within four weeks from the date of publication of this notice. Published in GG 38772 Notice Number 411 dated 11 May 2015.

Use of Official Languages Act 12 of 2012

35. Proposed language policy for the Department of Environmental Affairs. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the Gazette. Published in GG 38813 Notice Number 470 dated 20 May 2015.

Agricultural Product Standards Act 119 of 1990

36. Draft amendment to the regulations regarding the grading, packing and marking of durum wheat intended for sale in the Republic of South Africa. Interested persons are requested to submit written comments within four weeks from the date of publication. Published in GG 38785 Notice Number 372 dated 8 May 2015.

37. Draft amendment to the regulations regarding the grading, packing and marking of soft wheat intended for sale in the Republic of South Africa. Interested persons are requested to submit written comments within four weeks from the date of publication. Published in GG 38757 Notice Number 397 dated 8 May 2015.

38. Draft amendment to the regulations regarding the grading, packing and marking of bread wheat intended for sale in the Republic of South Africa. Interested persons are requested to submit written comments within four weeks from the date of publication. Published in GG 38757 Notice Number 398 dated 8 May 2015.

39. Draft amendment to the regulations regarding the grading, packing and marking of sunflower seed intended for sale in the Republic of South Africa. Interested persons are requested to submit written comments within four weeks from the date of publication. Published in GG 38757 Notice Number 398 dated 8 May 2015.

40. Draft amendment to the regulations regarding the grading, packing and marking of sorghum intended for sale in the Republic of South Africa. Interested persons are requested to submit written comments within 30 days from the date of publication. Published in GG 38757 Notice Number 401 dated 8 May 2015.

41. Proposed new regulations relating to the classification, packing and marking of fruit and vegetable juices, nectars, drinks and related products intended for sale in the Republic of South Africa. All interested parties are requested to submit written comments by no later than 30 June 2015. Published in GG 38782 Notice Number 417 dated 15 May 2015.

Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972

42. Draft regulations governing hygiene requirements for food premises, the transport of food and related matters. Interested persons are requested to submit written comments within 3 months of the date of publication of this notice. Published in GG 38746 Notice Number 364 dated 30 April 2015.

Agricultural Produce Agents Act 12 of 1992

43. Proposed amendment to the livestock agent rules. Industry stakeholders are invited to submit written comments on or before 30 May 2015. Published in GG 38782 Notice Number dated 15 May 2015.

Department of Agriculture, Forestry and Fisheries

44. Draft Sectoral Cold Spell Management Plan. Members of the public are invited to submit written comments within 30 days of publication of the notice in the gazette. Published in GG 38835 Notice Number 495 dated 29 May 2015. 

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws



Eastern Cape Province

45. National Environmental Management: Protected Areas Act 57 of 2003: Declaration of nature reserves and protected environments. Published in PG 390 Notice Number 33 dated 8 May 2015.

Gauteng Province

46. Local Government: Municipal Systems Act 32 of 2000: West Rand District Municipality: Disaster management development risk management by-law. Published in PG 152 Notice Number 720 dated 30 April 2014.

47. Local Government: Municipal Systems Act 32 of 2000: West Rand District Municipality: Learner transport by-law. Published in PG 152 Notice Number 721 dated 30 April 2014.

48. National Environmental Management Act 107 of 1998: Notice in terms of regulation 5(4) of the Environmental Management Framework Regulations 2010. Published in PG 197 Notice Number 1655 dated 22 May 2015.

Western Cape Province

49. Theewaterskloof Municipality: Impoundment of animal by-law. Published in PG 7388 Notice Number 139 dated 12 May 2015.

50. Overberg District Municipality: Air Quality By-law. Published in PG 7389 dated 15 May 2015.

51. Overberg District Municipality: Municipal Health By-law. Published in PG 7389 dated 15 May 2015.

52. Swartland Municipality (published in PG 7294 dated 22 May 2015):

a. By-law relating to air quality;
b. By-law relating to the submission of building plans;
c. Outdoor advertising and signage by-law; and

North West Province

53. North West Tourism Board Act 2 of 2015: the Act came into operation on 15 May 2015. Published in PG 7448 Notice Number 2 dated 15 May 2015. 

54. North West Parks Board Act 3 of 2015: the Act came into operation on 15 May 2015. Published in PG 7448 Notice Number 3 dated 15 May 2015. 

55. North West Environmental Implementation Plan 2015-2020. Published in PG 7443 Notice Number 220 dated 15 May 2015.

Northern Cape Province

56. Spatial Planning and Land Use Management Act 16 of 2013: Kamiesberg Local Municipality: District Municipal Planning Tribunal. Published in PG 1897 Notice Number 39 dated 22 May 2015.

57. Spatial Planning and Land Use Management Act 16 of 2013: ZF Mgcawu District Municipality:  Municipal Planning Tribunal. Published in PG 1896 Notice Number 38 dated 22 May 2015.

KwaZulu-Natal Province

58. KwaZulu-Natal Consumer Protection Act 4 of 2013: Consumer Protection Regulations 2014. Published in PG 1369 Notice Number 28 dated 29 May 2015.

SECTION E: SAFETY, HEALTH AND ENVIRONMENTAL
Draft Provincial Legislation and Municipal By-Laws

North West Province

59. North West Parks and Tourism Board: Bill for the establishment of the North West Parks Board. Published in PG 7446 Notice Number 222 dated 14 May 2015.

60. North West Parks and Tourism Board: Bill for the establishment of the North West Tourism Board. Published in PG 7447 Notice Number 223 dated 14 May 2015.

Northern Cape Province

61. Spatial Planning and Land Use Management Act 16 of 2003: Sol Plaatje Local Municipality: Draft by-law on Spatial Planning and Land Use Management. Interested persons are requested to submit written comments within thirty working days from the date of this notice. Published in PG 1894 Notice Number 35 dated 18 May 2015.

Western Cape Province

62. Standard draft zoning scheme by-law. Interested persons are requested to submit written comments on or before 20 July 2015. Published in PG 7391 Notice Number 153 dated 18 May 2015.

63. Western Cape Nature Conservation Board: intention to alter the boundary of the Driftsands Provincial Nature Reserve. Members of the public are invited to submit written comments within 30 days from the date of this notice. Published in PG 7393 Notice Number 158 dated 22 May 2015.

Eastern Cape Province

64. Draft White Paper on Consumer Protection in the Eastern Cape. Interested persons are requested to submit written comments within one month of the date of this notice. Published in PG 3399 Notice Number 35 dated 29 May 2015.

Gauteng Province

65. National Environmental Management: Waste Act 59 of 2008: Draft Gauteng Waste Information Regulations. Members of the public are invited to submit written comments within 30 days of publication. Published in PG 210 Notice Number 1668 dated 27 May 2015. 

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:

Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT (as of 2 June 2015):

1. Plant Improvement Bill (B8 of 2015)
2. Disaster Management Amendment Bill (B10 – 2015)
3. Plant Breeders Rights Bill (B11 of 2015)
4. Merchant Shipping Amendment Bill (B12 of 2015)
5. Medicines and Related Substances Amendment Bill (B6 of 2014)

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za

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